Carpet Cleaning Damage Covered?

Our insured was hired to clean carpeting. While moving the furniture back into place, the bed snagged the carpeting that the insured just cleaned. Would the damage be covered under the general liability coverage form CG 00 01 (10 01 edition)?

Michigan Subscriber

In answering this question, we are assuming that moving the furniture back into place after cleaning the carpet is part of the work being done, so that this is an ongoing operation and not a completed operation. And, the answer may depend upon whether the carpet in question is wall-to-wall or an area rug, that is, whether the carpet is real property or personal property. Courts have varied in rulings on whether wall-to-wall carpeting is real or personal property, depending on the extent of attachment and whether it is applied over a subfloor or finished floor. An area rug, on the other hand, is considered personal property.

There are two possible answers, then, to this question. The first applies if the carpet is real property. Then conceivably, exclusion j.(5) could eliminate property damage coverage for: “that particular part of real property on which you…are performing operations.” But here, it could be argued that the insured was not performing operations on the carpet when it was damaged; the insured was moving furniture at the time of the damage and was not performing his work on the carpet. It can be said that moving furniture is a necessary part of carpet cleaning operations, but the fact is that the property damage was not done while the insured was working on the carpet. There is enough ambiguity in this situation to decide the question in favor of the insured. And, if exclusion j.(5) does not apply, then neither does j.(6). Here, the damage was caused not because the insured incorrectly performed his work, that is, incorrectly cleaned the carpet; the damage was caused by moving furniture. The work itself (carpet cleaning) was not done incorrectly; the damaged property (the carpet) does not have to be repaired because the insured's work on it was done incorrectly.

If the carpet in question is an area rug, it is tempting to apply exclusion j.(4) for personal property in the “care, custody, or control” of the insured. But the area rug was not in the insured's control at this point, nor was it in his care or custody any more than the building in which he was working was in his care, custody, or control.

 

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